• Reformation: where genuine issue of material fact as to whether policy endorsement should be reformed based on mutual mistake, reformation claim must be considered before determining insurer’s duty to defend – Regions Bank v. Commonwealth Land Title Ins. Co., No. 11-23257 (S.D. Fla. June 26, 2013) (order denying cross motions for summary judgment)
  • Reformation: parole evidence is available to establish a claim for reformation –Regions Bank v. Commonwealth Land Title Ins. Co., No. 11-23257 (S.D. Fla. June 26, 2013) (order denying cross motions for summary judgment)
  • Duty to Defend: where amended complaint brings cause of action within policy exclusion, allegations of amended complaint control and insurer’s duty to defend terminates – Regions Bank v. Commonwealth Land Title Ins. Co., No. 11-23257 (S.D. Fla. June 26, 2013) (order denying cross motions for summary judgment)
  • Escrow Agent: escrow instructions do not necessarily need to be in writing – Strohbach v. United General Title Ins. Co., No. G046362 (Cal. App. June 27, 2013) (affirming judgment)
  • Escrow Agent: but for agent’s failure to follow lender’s closing instruction to procure commitment for performance bond, loan would not have closed; thus, agent’s defense that lender’s loss was caused by uncreditworthy borrower rather than malfeasance of agent fails – Strohbach v. United General Title Ins. Co., No. G046362 (Cal. App. June 27, 2013) (affirming judgment after trial)
  • Duty to Defend: title insurance policies do not protect against insured’s alleged tortious conduct in acquiring title to property and insurer has no duty to defend such claims –Liberty Nat’l Enterprises, L.P. v. Chicago Title Ins. Co., No. B234341 (Cal. App. June 13, 2013) (reversing judgment after trial)
  • Closing Agent: title company owes no tort duty under Washington law to refrain from recording instruments that may cause harm to third party's interests – Centurion Props., III, LLC v. Chicago Title Ins. Co., No. 2:12-cv-05130 (E.D. Wash. July 3, 2013) (order granting summary judgment)